Baker v. State

BENHAM, Justice.

Appellant Desmond Baker was convicted of two counts of misdemeanor reckless conduct, violations of OCGA § 16-5-60 (b). In his appeal, he challenges the constitutionality of OCGA § 16-5-60 (b) and contends the investigating officer was erroneously permitted to give opinion testimony concerning appellant’s duty to the two victims, his young children.

1. The State presented evidence that appellant visited the Lowndes County townhome occupied by his two children and their mother on December 25, 2004. While appellant was there, the mother went to a neighbor’s apartment to make a…